Coy U. Spawn, Jr. v. Western Bank-Westheimer and Federal Deposit Insurance Corporation

EDITH H. JONES, Circuit Judge:

Coy U. Spawn, Jr. sued the Federal Deposit Insurance Corporation (FDIC) because it refused to pay deposit insurance on a $100,000 certificate of deposit allegedly owned by Spawn at the insolvent Western Bank-Westheimer. The district court granted the FDIC’s motion for summary judgment and entered judgment in favor of the FDIC. We reverse and remand for further proceedings.

I

Spawn alleges that in July 1986, he and his sister, Bernadette A. Spawn, each deposited $100,000 into the Western Bank-Westheimer of Houston, Texas. On October 1, 1987, the Texas State Banking…